Liability Waiver and Assumption of Risk
The Club and the patron acknowledges that participation in Events and activities as a private Patrons-only civic club involves inherent risks, which they voluntarily assume as a condition of Patron status. This section establishes a waiver of liability and an assumption of risk, protecting The Club, its Members, successors, and any agents or volunteers from claims arising from such participation, while ensuring compliance with Texas law and The Club’s Texas Alcoholic Beverage Commission Liquor License.
By entering into this Agreement, Patron agrees to the following Waiver and Assumption of Risk terms:
- Assumption of Risk: Patrons knowingly and freely assume all risks associated with participating in Events, attending The Club’s Premises, or engaging in activities organized by The Club, including but not limited to physical injury, property loss, emotional distress, or illness, whether caused by their own actions, those of other Patrons or guests, or external factors (e.g., alcohol consumption, Event-specific activities, or unforeseen incidents like Force Majeure events).
- Alcohol-Related Risks: Patrons acknowledge the specific risks tied to alcohol service under Section 7, such as intoxication, impaired judgment, or accidents (e.g., falls, driving under the influence), and accept full responsibility for their consumption choices, understanding that The Club enforces responsible use but cannot eliminate all associated hazards.
- Waiver of Claims: Patrons waive, release, and discharge The Club, its Members, successors, and any appointed organizers, volunteers, or third-party vendors from any and all liability, claims, demands, or causes of action—whether for negligence, breach of contract, or otherwise—arising from their participation, except in cases of gross negligence or willful misconduct by The Club, as determined by a court of competent jurisdiction under Texas law.
- Personal Property: Patrons accept sole responsibility for their personal belongings brought to Events or The Premises, with The Club not liable for loss, theft, or damage, as noted in Section 9, whether occurring through negligence of others or environmental factors (e.g., weather, theft by third parties).
- Third-Party Actions: Patrons agree that The Club is not responsible for the conduct of other Patrons, guests, or unaffiliated individuals at Events, including violations of consent per Section 5 or Code of Conduct breaches per Section 8, though The Club may take disciplinary action under Section 15 when aware of such issues.
- Medical Responsibility: Patrons assume all risks related to their health and well-being during Events, affirming they have no known medical conditions that preclude participation, and waive claims against The Club for injuries or emergencies unless directly caused by The Club’s gross negligence in providing reasonable care.
- Indemnification: Patrons shall indemnify and hold harmless The Club, its Members, and successors from any claims, damages, or legal fees arising from their own actions, including violations of this Agreement or Texas law (e.g., providing alcohol to minors, property damage per Section 14), to the fullest extent permitted by law.
- Acknowledgment of Voluntariness: Patrons confirm that participation is voluntary, with no coercion by The Club, and that they have the opportunity to review this Agreement and seek legal advice before agreeing, ensuring informed consent to these terms.
- Scope of Waiver: This waiver applies to all Events and activities during a Patron’s active status, surviving termination or suspension unless modified in writing by The Club, and does not waive rights to pursue claims unrelated to club participation (e.g., separate business dealings with Members).
Texas Law: This waiver and assumption of risk shall be interpreted under Texas law, with any ambiguities resolved in favor of enforceability, consistent with Texas Civil Practice and Remedies Code provisions on liability waivers for voluntary activities. Furthermore, it maybe updated from time to time, and this specific page marks the one true source of this document and what ever is published with in this page serves as the latest and most current version. It is the Patron’s responsibility to review and check this page from time to time, although, notification will be given to all Patrons and Staff should it be updated or modified in any way.
Current As Of: April 13th, 2025